The Allahabad High Court has taken a strong stance against police inaction in a case concerning the appearance of a respondent in a legal proceeding. Justice Saurabh Srivastava, presiding over MATTERS UNDER ARTICLE 227 No. – 755 of 2025, directed the Director General of Police, Uttar Pradesh, to initiate an inquiry against senior police officers, including the Commissioner of Police, Commissionerate Lucknow, and other officials for failing to ensure compliance with judicial orders.
Background of the Case
The petition was filed by Shreya Saxena (Minor) and another, represented by advocates Raj Kumar Singh and Rajat Aren, against the State of Uttar Pradesh and another. The primary issue revolved around the non-compliance of police authorities with court orders directing the personal appearance of Jyoti Saxena, wife of Prashant Saxena, and daughter of Krishan Murari Saxena (Respondent No. 2). The High Court had previously issued directives on February 14, 2025, and March 4, 2025, mandating the presence of Respondent No. 2, which the police failed to enforce.
Key Legal Issues
The case raised significant concerns about:
Failure of police compliance with court orders
Accountability of police authorities in legal proceedings
Judicial oversight over administrative actions
The court noted that the Commissioner of Police, Deputy Commissioner of Police (East), SHO of Police Station Chinhat, and Sub-Inspector Mohit Kumar had not executed the judicial order in its true spirit. Instead, the police limited their actions to issuing a notice rather than ensuring the respondent’s appearance as explicitly ordered.
Court’s Observations and Ruling
Justice Srivastava was unequivocal in his criticism of the police’s handling of the matter. The court observed:
“Either of the authorities of the police department, including Commissioner of Police, Deputy Commissioner of Police (East), and SHO, Police Station Chinhat, along with Sub-Inspector, took no pain in at least going through the orders passed by this Court on February 14, 2025, and March 4, 2025.”
The court further remarked that the compliance report submitted before the Chief Judicial Magistrate, Lucknow, was done without actually adhering to the High Court’s directives.
Given the seriousness of the situation, the court directed the Director General of Police, Uttar Pradesh, to conduct an inquiry into the matter and submit a report to the Registrar (Compliance) of the High Court. The case has been scheduled for the next hearing on March 25, 2025, with the interim order from February 14, 2025, remaining in effect.
Additionally, Advocate Atul Kumar Kushwaha, appearing for Respondent No. 2, assured the court that she would be present in person at the next hearing.
